11-11-13 Common Council Agenda & Packet

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�0 - Ac�_ \3 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE STATEMENT OF PURPOSE AND INTENT The City of South Bend (the City) previously permitted plastic bags to be used for collection of yard waste, although use of paper bags was preferred. With new and heightened environmental regulation at the State and federal levels, it is not permissible for the City's Organic Resource Facility to accept any plastic materials with yard waste. The City's Organic resource collection is limited solely to vegetative, biodegradable materials, and the Facility has no capability to separate plastics from organic matter. To clarify and assure that citizens of South Bend do not include plastic bags and other non- organic materials with recyclable yard waste, it is necessary to amend the South Bend Municipal Code at Chapter 16, Article 2, Section 16 -8 (0 and at Chapter 16, Article 4 Sections 16 -27 and 16 -28. This Ordinance enacts those Municipal Code Amendments. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 16, Article 2, Section 16 -8(f) of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: Sec.16 -8. Use of City- furnished refuse containers required; disabled customer exception; nonrecurring charge for new users; separation of yard waste. (0 Yard waste as defined herein, shall be collected by the City on a weekly basis for disposal and recycling at the City's Organic Resource Facility. Each owner, occupant or lessee of any single or multifamily dwelling shall separate and keep separate any yard waste from the remainder of the residential refuse for collection. Yard waste shall not be placed in plastic bags for collection. Such yard waste shall be placed in biodegradable paper baps, or other containers approved by the City, and shall be segregated from any trash or garbage. Such • and waste shall be " laeed in sturdy plastie bags Rr other rentainE_ .......... I and segregated from the trash and garbage. "free limbs and brush of a diameter of less than four (4) inches shall be bundled together in lengths of forty -eight (48) inches or less. Tree limbs and brush in excess of these dimensions or large quantities of yard waste may be scheduled for special pick up. Nothing in this section shall prohibit any person from recycling yard wastes on their own property for their own use or from giving such yard waste to another for recycling or use; provided, however, that such recycling neither creates a public nuisance nor is otherwise injurious to the public health, welfare or safety.